Motorcycle riders are just about the most vulnerable people on our roads with possible exception being bicycle riders, of which there are far fewer. There is no contest when a truck driver ploughs into a motorcycle. The motorcyclist is almost certain to come off worse and sustain serious injuries or get killed.
It’s a situation that plays itself out almost every day on Texas State highways. A typical incident occurred last week in San Antonio Texas when a pick-up truck hit a motorcycle carrying two people head on. The truck crossed the center line at 8.30 p.m. on Sunday 25th January, hitting the motorcycle ridden by Mark Ambrose and his pillion passenger Sarah Tucker, who were both from San Antonio. The two riders were thrown off the motorcycle and died at the scene. The truck driver, 49 year old Paul Dickson, was uninjured.
Dickson now faces two charges of involuntary manslaughter and has been blamed for the deaths of the motorcyclists. According to police, Dickson said that he was distracted at the time because his dog had just jumped into his lap. However, officers detected slurring of his speech and glassy eyes. He told the officers that he had taken two Percolet tablets “for his back” before getting into the truck. He tested positive on a breathalyzer test but did not consent to a second one or to a sobriety test.
Tucker & Ambrose did not survive their accident and it is unclear at this stage what close family they have. Even if the two riders cannot file a personal injury claim against Dickson, it may be possible for any family who were dependent financially on either the two deceased to do so.
A wrongful death lawsuit is a type of personal injury claim which can be filed by certain family members against anyone who has caused the death of their relative through negligence. The lawsuit is not designed so that these relatives of the deceased profit financially, but is meant to compensate them if they were financially dependent on their loved one. The lawsuit, if successful, also serves as a warning to the community at large that negligence that results in injury or death is not tolerated.
Motorcycle use has seen an upsurge in the last few years, defying the national accident statistics which consistently show that their use is more potentially dangerous than any other vehicle. Perhaps it is because of the aging population and the time that older people have to enjoy motorcycles that accounts for their rising popularity. In any event, motorcyclists have just the same right to use the highways as any other vehicle and expect other road users to acknowledge their presence and give them suitable space when they overtake or meet the at an intersection.
If you have been injured in a truck or motorcycle accident and it was not your fault, you may be entitled to make a claim for compensation. Contact one of the experienced motorcycle attorneys at The Injury Lawyer San Antonio to discuss your case.